When your co-parent blocks your scheduled time, it can feel hurtful because you do not get to spend time with your child. In Texas, a new law punishes parents who intentionally interfere with child visitation. Understanding what it is about is key to protecting your rights as a co-parent.
How the Three-Strikes Rule works
Under the new law, the strikes refer to criminal convictions for interference with child custody. A parent can face these consequences for enticing or persuading the child to skip a visit:
- First and second offenses: Class C misdemeanor with fines of up to $500
- Third offense: State jail felony with potential jail time from 180 days to two years and fines up to $10,000
It is important to note that taking or retaining a child in violation of an order is a state jail felony on the first offense.
If the courts find a parent in contempt at least three times, a judge must grant the wronged parent at least double the duration of the missed visits and award attorney’s fees. Additionally, these three findings now count as a material and substantial change for seeking a permanent custody modification.
Why accuracy in documentation is vital
The protections under the Three-Strikes law only take effect if you have a clear legal record. Establish a paper trail with these recommendations:
- Maintain a detailed log of every missed or shortened visit.
- File for formal contempt.
- Gather through saved texts, emails or witness testimony to prove intentional interference.
Because the distinction between a misdemeanor and a felony is legally technical, navigating this alone is risky. Seeking legal counsel is the best next step to determine whether your ex-partner is violating your rights.
